A Biden judicial nominee couldn’t answer a basic legal question during his confirmation hearing Wednesday, making him the second nominee to the federal courts stumped by GOP questioning this year.
, who is nominated to the U.S. District Court for the District of Colorado, couldn’t tell Sen. John Kennedy, a former law school professor, what a Brady motion is.
The landmark 1963 case held that prosecutors must hand over evidence to the defense that would help its case. A Brady motion is typically filed by the defense attorney to request exculpatory evidence that the prosecutor might have.“It is not coming to mind at the moment what a Brady motion is,” Judgesaid. “I believe the Brady case involved something regarding the Second Amendment. I have not had occasion to address that.
“Tell me what Article V of the Constitution does,” Mr. Kennedy asked during her confirmation hearing in January.“How about Article II?” Mr Kennedy asked.She is currently a judge serving on the Spokane County Superior Court. Both nominees have their confirmations pending before the Senate Judiciary Committee. The committee will have to vote on their nominations before they go to the full Senate for consideration.Crews“Crews apparently never handled as a judge a single case out of 1,500 that involved Brady. This may speak more to the Colorado criminal justice system than to Crews. Perhaps Colorado prosecutors routinely turn over that evidence or defense counsel rarely raise the issue in Colorado.
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